Date:15/11/2008 URL: http://www.thehindu.com/2008/11/15/stories/2008111554990500.htm

Karnataka - Bangalore

Doctors warned not to go on strike

Staff Reporter

BANGALORE: The Karnataka High Court on Friday took judicial note of the strike by Government doctors in the State and warned them against going on strike again. It also said that there was a need for taking further course of action against them, even though the strike had been called off, as they had caused pain and suffering to the patients.

A Division Bench comprising Chief Justice P.D. Dinakaran and Justice V.G. Sabhahit passed the order on two public interest litigation (PIL) petitions filed by residents of Bangalore against the strike and seeking action against the errant doctors.

When the matter came up, the Government advocate submitted that the doctors had called off the strike after the Government held three rounds of negotiations with them. It said their demands had been partly accepted.

The Bench orally said poor and needy people had suffered when the strike was on and it wanted to know how they could be compensated. “What about the pain and suffering they have undergone,” the court asked.

It said it would permit the patients who had suffered during the strike to approach the consumer forum and file cases against both the doctors and the Government.

“We come down heavily against such strikes,” the Bench said, and told the Government that it is not going to close the case just because the strike had been called off.

It orally observed that it would ask the Medical Council of India (MCI) and the Government to take action against those doctors who had gone on strike. It asked the Health Secretary, who was present in court, to file an affidavit on the number of persons who had died during the strike and those who had been refused treatment.

The Bench said it was concerned over the manner in which Government doctors had acted. It asked the MCI why it had been a silent spectator so far.

“The Government too could have avoided the situation if it had negotiated with the doctors earlier,” it said.

The Bench adjourned further hearing of the case to November 24.